RIBURAJ BHUJEL Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. H. NK. Singh, learned senior counsel assisted by Mr. Babulindra, learned Counsel appearing for the petitioner as well as Mr. Th. Ibohal, learned senior Government Advocate assisted by Mr. Y. Ashang, learned Addl. Government Advocate appearing for the State-respondents.

(2.) The only prayer sought for in the present writ petition is for a direction to the respondents to hold election of the member of 10/27-Kalapahar Gram Panchayat.

(3.) The concise facts, sans unnecessary details, leading to the filing of the present writ petition, are recapitulated. Admittedly, the petitioner is the voter of the Assembly Constituency as well as Panchayat Raj area, namely, 10/27-Kalapahar Gram Panchayat. On 6-8-2007, there was a notification for election for constitution of Gram Sabha and also for constitution of Gram Panchayat including the present Panchayat, i.e. 10/27-Kalapahar Gram Panchayat. As per the said notification, the elections were held for the other Gram Panchayats but for the present Gram Panchayat, i.e. 10/27-Kalapahar Gram Panchayat, election for all the members could not be held. In 10/27-Kalapahar Gram Panchayat there are seven members, out of which only one member, i.e. Pradhan, was elected without any contest in the said election held on 19-9-2007 and for the other members, i.e. six members, election could not be held because of the withdrawal of their nominations in the consequence of lives threats so made by the armed militants. The Deputy Commissioner in exercise of his power under Section 22(2) of the Manipur Panchayat Raj Act, 1994 constituted an Administrative Committee of the 30 Panchayats including the present Panchayat, i.e. 10/27-Kalapahar Gram Panchayat for a term of six months vide Notification No. DC/DEO/IW/ ZP-GP-Elect(Pt), Imphal, the 15th March, 2008. Admittedly, the term of the Administrative Committee of the present Panchayat had expired on 14-9-2008 but till today the concerned authority has not held the election for constitution of the present Panchayat, i.e. 10/27-Kalapahar Gram Panchayat.